White Earth Tribal Law: Recognizing the Rights of Manoomin

In 2018, the White Earth Band of Ojibwe - part of the Minnesota Chippewa Tribe - adopted its “Rights of Manoomin” law.  The law protects legal rights of Manoomin, or wild rice, securing on- and off-reservation protection of Manoomin, as well as protection of the fresh water resources and habitats on which it depends. The 1855 Treaty Authority adopted the Rights of Manoomin as well.  

The White Earth tribal resolution accompanying the law explained that “it has become necessary to provide a legal basis to protect wild rice and fresh water resources as part of our primary treaty foods for future generations.”  This comes as wild rice, a traditional staple and sacred food for the White Earth Band, faces significant impacts from pipeline construction, habitat loss, climate change, development, genetic engineering, and other threats.  

CDER’s founders worked with members of the White Earth Band to develop the law.

Enforcing the Rights of Manoomin in Tribal Court

On August 4, 2021, Manoomin v. Minnesota Department of Natural Resources was filed in White Earth Tribal Court, the first rights of nature case to ever be filed in a tribal court.  In the opinion of many, it is one of the most important tribal sovereignty cases to be filed over the past several decades. 

Manoomin, the White Earth Band of Ojibwe, and tribal Water Protectors joined together as plaintiffs in this case against the State of Minnesota.  They are seeking to enforce the rights of wild rice and indigenous treaty rights against a state permit allowing the Enbridge corporation to use 5 billion gallons of water for its construction of the Line 3 tar sands oil pipeline. 

As the first rights of nature case to be filed in a tribal court, and only the second rights of nature enforcement case in the U.S. (the first enforcement case was brought earlier in 2021 by waterways and residents in Orange County, Florida), the case has rapidly become the focus of national media, tribal attorneys, and environmental activists alike.  The case has implications for tribes across the U.S., because any tribal nation which is a party to a treaty with the U.S. government could use this same mechanism to challenge permits issued on those ceded lands. 

CDER assisted in this case.

Timeline: Rights of Manoomin Tribal Law and Enforcement Case

• December 2018: The White Earth Band of Ojibwe adopted a “Rights of Manoomin” tribal law, which recognizes wild rice as having the rights to exist, flourish, regenerate, and evolve, as well as inherent rights to restoration, recovery, and preservation. 

• June 4, 2021: Minnesota Department of Natural Resources (DNR) issues a permit to the Enbridge corporation authorizing Enbridge to use 5 billion gallons of water for the Line 3 tar sands oil pipeline.

• August 4, 2021:  The case Manoomin, et.al., v. Minnesota DNR is filed in White Earth Tribal Court seeking to stop the taking of the water under the State permit, as a violation of the rights of manoomin and the rights of tribal members.  Manoomin is the lead plaintiff, joined by tribal members and the White Earth Band.

• August 12, 2021: Minnesota DNR files Motion to Dismiss the case in the Tribal Court.

• August 18, 2021: Tribal Court denies the Minnesota DNR’s Motion to Dismiss, explaining: 

  • "In passing legislation to protect its vital resources, the Band must also be able to exercise the jurisdiction to carry out that legislative purpose. To hold otherwise reduces Tribal sovereignty to a cynical legal fiction."

• August 19, 2021: Minnesota DNR files suit against the White Earth Band and tribal court Chief Judge David DeGroat, seeking declaratory and injunctive relief, to block the White Earth tribal court from ruling in the case. The suit is filed in federal District Court, District of Minnesota.

• September 3, 2021: The federal District Court denies the Minnesota DNR’s motion for a preliminary injunction against the White Earth Band and the tribal court.

• September 10, 2021: Minnesota DNR files appeal in the Eighth Circuit Court of Appeals, seeking to overturn the federal District Court’s denial of the motion to enjoin the tribal court from hearing the case.

• September 13, 2021: Minnesota DNR files appeal in the White Earth Tribal Court of Appeals, seeking to reverse the lower tribal court’s denial of the DNR’s motion to dismiss the case.

• September 21, 2021: The Eighth Circuit Court of Appeals denies the Minnesota DNR’s request to stop the tribal court from hearing the case.

• September 24, 2021: The White Earth Band of Ojibwe files a request for an injunction in the White Earth tribal appellate court, seeking an immediate injunction to stop Enbridge from taking water pursuant to the State-issued permit. 

• March 10, 2022: The White Earth Court of Appeals ruled that the tribal court did not have jurisdiction over this case.

• March 25, 2022: Disagreeing with the White Earth Court of Appeals ruling, plaintiffs filed a Motion for Reconsideration with the Court, arguing that the "Court failed to appropriately consider the on-Reservation impacts to Manoomin" caused by the permitting of the Enbridge Line 3 pipeline by the State of Minnesota, and included recent reports of aquifer breaches and other impacts from the pipeline construction.

• July 26, 2022: The White Earth Court of Appeals issued an Order on the Motion for Reconsideration filed by Manoomin and other plaintiffs, reiterating that it did not find that the tribal court had jurisdiction to hear the case.

  While plaintiffs Manoomin, the White Earth Band, and tribal members disagree with the Court of Appeals ruling, they decided not to further pursue the case at this time.